The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-02-10

was mortally wounded ana asked me TO
get Father Peter for him; do know that
Grannell had pair of brass knucks
some months ago, it may
have been six months, for he tryed to sell
them to me, did not buy them.
Re-examined by state: Mr.. Gran
nell did not, at the time he
made the remark just before the difficulty,
have vicious look on his face. He did
not look to be angry at that time; when
Grannell came from behind the counter, l
thought there would merely be a fight
did not think it would be anything seri-
Gus. The expression on Grannell's face
at the time he came from behind the
counter was that of an angry man.
j. E. Kennerly, witness for the state,
being duly sworn upon oath, says: live
IN Austin, Travis county, Texas; am a
city policeman; was policeman on the
31st day of January last; saw the defend
ant on that day; 1 know nothing of the
difficulty except that he was pointed out
to me and 1 arrested him; he was on Con
gress avenue in store known as School
herr d Bros; l cannot say how long after
the difficulty arrested the defendant; not
longer than five minutes 1 think; Pessels
and young lady were in the rear of the
store when 1 entered, and the defendant,
l am not positive in regard to Mr.. Pessels,
but it was young man; the defendant
was about thirty feet from the front door
when / arrested him; he had on his coat at
the time arrested him; l saw nothing in
his hand when l arrested him; after l toek
defendant to the police station searched
defendant, and found pair of scissors
and pocket knife, it was a small knife,
four-bladed with one of the blades broken
out; blades two and one half inches long I;
l examined the knife; there was no blood
on the defendant; before l arrested
Mcmillan 1 carried the deceased into the
store with some others; l asked the de-
ceased who did this and he said Mcmillan; (;
Mr.. Simon then called my attention to
the defendant and | arrested him, the de-
fendant; the deceased had no coat on
when assisted to raise him from the
side walk, but he had vest on; 1 saw no
knife or pistol or weapon of any kind on
or about him; l would have seen any if he
had had any in his hands; 1 was about
the fourth or fifth person who reached the
defendant.
Cross examined by defendant: 1 gave
the knife to Billy Hornsby; 1 made no
search for weapons on the person of Gran
nell
1. S. Simon stated: My name
is 1. S. Simon; 1 live in Austin,
Travis county, Texas; l know defendant; ;
l have known him thirteen or fourteen
years; also know deceased; have known
him ever since he worked for Schoolherr
& Bro; saw defendant and deceased on
the 31st of January last, between and 3
o'clock, at Schoolherr Bros, store on
Congress avenue, in Austin, Travis county,
Texas; my attention was called to School
herr's store by deceased, who was sitting
on the curbstone holding to a post and
crying for help; after hearing him left
my restaurant and went over where de-
ceased was, to find out what was the mat
ter; when got over there the young lady
whe csAsks Eor Schoolherr Bros. seemed
very much excited; asked her who cut
Mike Grannell; she said John Mcmillan
did it; then turned to look for MCMILLAN;
I saw him back in the rear of the
store; he seemed to be busily en-
gagged for few minutes; saw him work
ing among some blankets and quilts; he
worked with them for few minutes; he
then advanced toward the front of the
store, until he got half way to front door
as far up as the first counter; he waited
there; he did not have anything in his
hands that could see, but did not look
closely; l saw in the store at that time
Miss Woolf, policeman, myself and sew
eral others, who brought Mike in the
store; asked the policeman why he did
not arrest the man; he told me that he
did not know who it was that did the cut
ting; then told him the defendant was
the man who did the cutting, and then the
policeman arrested defendant; saw no
weapons of any kind about the person of
deceased, or on the sidewalk anywhere
about him; if there had been any weapon
of any kind visible 1 could have seen
them; when my attention was first called
to deceased no one was about
him, but before reached him several
persons had gotten to him; remained in
the store quite while after defendant
had been arrested; closed up the doors
of the store to keep the crowd out; the
deceased had on no coat; he may have had
knife in his pocket; did not look to
see, don't know what deceased had in his
poe kets.
Dissemination: When first saw de-
fendant was standing in the front door
of SchOolherr's store; Nc cMillan was in the
store, in the northwest corner of the room; I;
1 was about 100 or 125 feet from defend
ant; saw defendant among the quilts
back there; what he did do not know;
do not know what he did with the quilts,
but do know he was not folding them; 1
did not make any search for anything at
the place l first saw Mcmillan;
1 saw Mike when he was un-
dressed; he was then at the hospital;
did not see defendant do anything ex-
cept he was moving about there in the
northwest corner of the store among those
quilts.
Miss Emma Woolf stated: l know de-
fendant in this case; 1 have known him
for about six weeks; knew Mike Gran
nell; have known him for the past two
years; he is now dead; deceased and de-
fendant were, on the 31st day of January
last, clerks in Schoolherr Bros store, in
the city of Austin, Travis county, Texas;
l was IN Schoolherr's store at the time of
the difficulty between deceased and de-
fendant, on the 31st of January, 1887; it
occurred between 2 and o'clock in the
evening; 1 was employed by School
herr Bros. at the time; Mr..
Mcmillan, the defendant, was out